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1991/06/11City Hall, Anaheim, California - COUNCIL MINUTES - June 11, 1991, 2:00 P.M. The City Council of the City of Anaheim met in adjourned regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle, Hunter COUNCIL MEMBERS: None CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich DIRECTOR OF PUBLIC WORKS/ENGINEERING: Gary Johnson PLANNING DIRECTOR: Joel Fick MAINTENANCE DIRECTOR: John Roche HUMAN RESOURCES DIRECTOR: Dave Morgan PARKS SUPERINTENDENT: Jack Kudron COMMUNITY SERVICES SUPERINTENDENT: Steve Swaim CONVENTION CENTER GENERAL MANAGER: Lynn Thompson STADIUM GENERAL MANAGER: Greg Smith POLICE CHIEF: Joseph Molloy LABOR RELATIONS DIRECTOR: Garry McRae A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:55 p.m. on June 7, 1991 at the Civic Center kiosk, containing all items as shown herein. Mayor Hunter called the adjourned regular meeting of June 4, 1991 (held June 11, 1991) to order at 2:07 p.m. 106: PUBLIC HEARING - RESOURCE ALLOCATION PLAN: To consider the proposed 1991/92 Resource Allocation Plan (RAP)-budget. City Manaqer James Ruth. Pursuant to City Charter sections 1202, 1203 and 1204, the City Council has been provided the Resource Allocation Plan document and supporting computer printouts which information has been available for public inspection as legally advertised. After today's hearing, the public hearing will be continued to June 18, 1991 and may at Council's discretion be continued to subsequent dates prior to July 1, 1991 and still meet Charter requirements. He will briefly summarize the City's proposed budget covering fiscal year 1991/92 and 1992/93. He then read/briefed City Manager's Transmittal Letter of May 31, 1991 on pages 4, 5 and 6 of the 69 page Resource Allocation Plan Summary Booklet (made a part of the record along with the entire line item budget which also had previously been submitted to the Council). 342 City Hall, Anaheim, California - COUNCIL MINUTES - June 11, 1991, 2:00 P.M. SUMMARY OF THE PROPOSED BUDGET. The 1991/92 and 1992/93 proposed Resource Allocation Plan (RAP) totals $544,132,028 and $545,639,259 respectively, comprised of: 1991/92 1992/93 Operating Programs Power and Water Capital Projects $298,558,971 166,052,315 79,520,742 $321,450,744 178,664,005 45,524,510 TOTAL RAP $544,132,028 $545,639,259 The transmittal letter outlined the difficult economic times being faced by the City, State and Federal Government due to the national recession combined with the recently concluded Persian Gulf War which has especially impacted Anaheim's tourist industry. These factors combined resulted in a projected deficit of almost $14,000,000 in the General Fund which increased to $18 to $20,000,000 as the recession worsened. The letter addresses the proposed expenditure reductions totalling approximately $10,000,000 in 1991/92; $10.6 million 1992/93 City-wide and $8.2 million 1991/92 and $8.9 million 1992/93 in the General Fund. The plan also calls for implementing $9.8 million in 1991/92 and $11.1 million in 1992/93 in new revenues in order to balance the General Fund in both fiscal years. The possibilities include implementing a parking tax, increasing the Transient Occupancy tax (T.O.T.), increasing the property transfer tax, implementing an admission tax, or implementing a utilities user tax which staff is prepared to discuss. In concluding his letter, Mr. Ruth briefed the many accomplishments of the 1990/91 fiscal year as well as a look toward the future which continues to be bright for the City. Mr. Ruth stated as part of the process, staff has provided a report relative to contract services, i.e., services in which the City of Anaheim contracts with private vendors (see report dated June 6, 1991 to the City Manager/Council from Ken Stone, Program Development and Audit (P D and A) Manager - subject: Contract Services with the City of Anaheim). Over $9,000,000 is being contracted out for a variety of services in a number of City departments. Also provided was a survey of surrounding cities General Fund condition for fiscal year 1991/92 and what those cities are proposing to do to balance their budgets (see report dated June 5, 1991 to the City Manager/City Council from Ken Stone, P D and A Manager - subject: Summary of Surrounding Cities General Fund Condition for Fiscal Year 1991/92 - made a part of the record). Lastly he is proud to report that the departments have been very aggressive as in the past years in generating over $31,000,000 in a variety of grants. He then turned the presentation over to Ken Stone to give an overview of the City's fiscal condition. 343 City Hallr Anaheimr California - COUNCIL MINUTES - June 11, 1991f 2:00 P.M. Mr. Ken Stone, Program Development and Audit Manager. He then walked the Council through the City's current budget situation and fiscal environment. (Mr. Stone's presentation was supplemented by slides, the majority of which were presented to the Council in hard copy entitled, City of Anaheim - Fiscal Year 1991/92 and 1992/93 Budget Briefing - made a part of the record.) He briefed the City's proposed total resources (1991/92 - 1992/93), General Fund revenues, General Fund major revenues growth, Sales Tax quarterly comparison, total expenditures proposed (1991/92 - 1992/93), General Fund expenditures and the General Fund prior to and after expenditure reductions, use of General Tax Revenues, a departmental reduction summary, summary of expenditure reductions already eliminated from department budgets requests, summary of ~ossible. additional reductions. (Included in the hard copy was a potential revenue options summary.) During and following Mr. Stone's presentation, questions were posed by Council Members for purposes of clarification. Mr. Stone confirmed on questioning by Council Member Daly that figures for the Fire Department 1990/91, $18,395,660 to 1991/92, $23,733,240 as indicated in the pie charts were not correct. The correct figure for the Fire Department is $20,213,401 in the proposed year. In the second year it is $21,591,960. He will verify that the numbers were added in after the percentages were calculated. Relative to the Police Department figures as questioned by Council Member Simpson, the figures are $45,308,707 for 1991/92 and $49,288,008 in 1992/93. The charts will be corrected and re-submitted City Manager Ruth then introduced and prefaced each department's budget presentation giving its location in the budget document, capital improvement plan where applicable, budget totals, adjustments, and also reported the extent to which departments have made expenditure reductions either labor reductions, operating reductions and capital outlay reductions. In some departments, all three areas were reduced. The following department heads then gave an overview of their department's proposed budget, plans and goals for the coming year(s), and explanations relative to the requests in their budget. Many relayed the accomplishments/goals reached in the past fiscal year. Executive Director of Co~unit¥ Development, Lisa Stipkovich - Community Development Department: RAP pages 34-37. Budget total, 1991/92, $85,511,147 - 1992/93, $63,585,205. As part of her presentation, Mrs. Stipkovich elaborated on the progress made, the projects in process and the goals for the coming year in the downtown redevelopment area. She also briefed two new areas which were transferred from Administration to Community Development - Economic Development and JTPA programs. 344 City Hall, Anaheim, California - COUNCIL MINUTES - June 11. 1991. 2:00 P.M. police officers working in the DARE program serving 36 schools in the district. The school district was going to provide one more, but that position was cut because of their budget. The department is presently working on a grant and possibly could get that position funded. The school district has also said if there is any funding freed up, it will be devoted to the DARE program. Relative to the gang detail, the task force has been reorganized. Two grant positions have been funded through Community Block Grant Funds. They also reallocated four other positions, took the crime task force and moved some of the responsibilities around, gave the responsibility of gang enforcement to seven individuals. He also confirmed for the Mayor that the department has 344 sworn police officers at present. Labor Relations Director, Garry McRae - Labor Relations: RAP page 64. 1991/92, $511,950. 1992/93, $518,490. No capital improvements. Expenditure reductions 1991/92, $10,804. 1992/93, $66,949. President, Bill Snyder - Visitor and Convention Bureau: RAP page 25. 1991/92, $3,445,440. 1992/93, $3,720,720. Mr. Snyder briefed the Council on the present status of the Convention and Visitor industry in Anaheim noting that growth has been accomplished despite ever increasing competition. The trend has been steadily upward until about mid 1990. Economic conditions have taken a toll on Convention and Visitor business primarily on the tourism side. However, even though there has been an impact, they intend to maintain a good position in the community. He then briefed the current and future market strategies of the Bureau. In concluding his presentation, Mr. Snyder stated he would be misleading the Council if he said the Visitor and Convention area was not going to face interesting times this year. He feels that conventions are going to recover by the end of the year but that tourism is going to take a while longer. (Mr. Snyder submitted a two page document to the Council showing convention attendance and bookings from 1983 to 1990 as well as a statement regarding tourism on page 2 - made a part of the record.) City Manager Ruth. With that, department presentations are concluded today. The balance of the presentations will be presented at the hearing on June 18, 1991. It is obvious from the presentations made that there has been a very concerted effort on the part of all departments to reduce expenditures to a large degree. There have been reductions 347 City Hall, Anaheim, California - COUNCIL MINUTES - June 11, 1991, 2:00 P.M. After his presentation, Mr. Jarvi answered questions posed by Council Member Daly relative to the Parkway Tree Program and the Street Tree Master Plan. Mr. Jarvi stated that the latter is not in the budget. One small segment, about 5% has been done; Jack Kudron, Parks Superintendent. There are 19 tree trimming districts and one district has been master planned, District 12, which represents about one tenth of the trees in the City. The department would have asked for funding to continue the master planning process except for the budget reduction; Mr. Jarvi verified for Council Member Daly that the Street Tree Master Plan is being held in abeyance at this time. Steve Swaim, Superintendent, Community Services. Answering Mayor Hunter he stated that it would cost approximately $67,000 to reinstate the positions that have been decreased in Project S.A.Y. Human Resources Directort Dave Morqan - Human Resources Department: RAP page 67. 1991/92, $2,547,397. 1992/93, $2,605,405. Expenditures reductions - 1991/92, $255,431. 1992/93, $241,121. Convention Center General Manaqer, Lynn Thompson - Convention Center: RAP pages 44 - 45. 1991/92, $29,656,950. 1992/93, $30,259,831. Expenditure reductions -1991/92, $1,867,836. 1992/93, $1,696,264. Stadium and Golf General Manaqert Greq Smith - Anaheim Stadium/Golf: RAP pages 46 - 49. 1991/92, $25,163,408. Capital improvements, $5,349,304. Total, $30,512,712. 1992/93, $25,914,256. No capital improvements. Golf. 1991/92, $3,849,142. Capital improvements, $2,305,000. Total, $6,154,142. 1992/93, $4,082,421. Capital improvements, $300,000. Total, $4,382,421. Beginning 1991/92, Golf will contribute 10 per cent of gross revenue from green fees and cart rentals to the General Fund which should amount to at least $405,000 in 1991/92 and $450,462 in 1992/93. Chief of Police, Joseph Molloy - Police Department: RAP pages 28 - 39. 1991/92, $50,023,164. 1992/93, $52,272,785. No capital improvements. Expenditure reductions 1991/92, $618,705. 1992/93, $614,985. At the conclusion of his presentation, Chief Molloy answered questions posed by Council Members. Currently there are four 346 City Hall, Anaheim, California - COUNCIL MINUTES - June 11, 1991, 2:00 P.M. Director of Public Works and City Enqineer, Gary Johnson - Public Works/Enqineerinq: RAP pages 38 and 39. Operating plan, 1991/92 - $7,575,692. Capital improvements - $31,542,377 - total, $39,118,339. Operating plan, 1992/93 - $8,24,737. Capital improvements - $11,340,399 - total, $19,589,136. Expenditure reductions, 1991/92 - $191,565 - 1992/93 - $205,492. Planninq Director, Joel Fick - Planninq And Zoninq Department: RAP pages 54 - 57. Operating plan, 1991/92 - $6,700,059. Capital improvements, $301,507. Total, $7,001,566. Operating plan 1992/93 - $7,070,920. No capital improvements. Expenditure reductions, 1991/92 - $717,446 - 1992/93 - $820,109. Council Member Ehrle. At present the City is in a holding pattern or even reducing staff. In the future when there is an increase in activity, he does not want to hire additional people only to have to give them their 'pink slip' later on. He would prefer that wherever possible' if the department could anticipate contracting those positions out as demand begins to increase. City Manager Ruth. When service of that nature can be contracted out successfully, they will do that every time it occurs. What has been done in the past, they have temporarily employed retired inspectors and found that it has worked quite well. Council Member Daly. It is common practice in local government to contract for such services. He feels it is a realistic approach. Director of Maintenance, John Roche - Maintenance Operations: RAP pages 50 - 53. Operating plan 1991/92, $51,968,710. No capital improvements. 1992/93, $55,612,975. No capital improvements. General Fund expenditure reductions fiscal year 1991/92, $527,656. Non General Fund reductions, 1991/92, $895,959. General Fund expenditure reductions 1992/93, $530,866. Non General Fund reductions 1992/93, $1,159,145. Director of Parks, Recreation and Community Services, Chris Jarvi - Parks, Recreation and Community Services= RAP pages 40 - 43. 1991/92, $14,068,431. Capital improvements, $3,184,178. Total, $17,253,009. 1992/93, $14,876,213. Capital improvements, $920,000. Total, $15,796,213. Expenditure reductions 1991/92, $759,578. 1992/93, $848,890. 345 City Hallt Anaheimt California - COUNCIL MINUTES - June 11. 1991, 2=00 P.M.. in positions - 97 ~ositions City-wide, practically all General Fund Capital Improvement programs have been eliminated and there have been reduced operating expenses. Concern still remains relative to actions to be taken by the State. Until those decisions are made, there could be further impacts with a further reduction in revenues committed to the City. Staff has looked at a variety of revenue options which have been studied over a period of time recognizing that many of those carry significant responsibility in terms of trying to generate additional revenue for the City to balance the budget. The major concern has been after reviewing the budgets and the potential cute that would have to be made in order to balance the budget, that further reductions could have a devastating effect on the ability to deliver quality service to the community, particularly in the areas of public safety. Staff is recommending for Council consideration at the appropriate time the initiation of'. a Utility Users Tax. Staff has looked at revenue options but a variety would not generate sufficient revenues to combine for the shortfall and not protect against future shortfalls. A Utility Users Tax would be a stable income and an equitable form of revenue for the City to levy and bridge the gap between revenues and expenditures in the proposed budget plan. A 3 per cent tax would barely balance the budget; would not consider State reductions in revenues, and would not address the need for increased public services particularly public safety and particularly in the Police Department. Staff is asking the Council to consider the implementation of the Utility Users Tax at a 4% level perhaps excluding cable tv. The City Attorney has drafted ordinances at both the 3% and 4% level with and without cable tv. Mayor Hunter. He asked if copies of the proposed ordinances were available noting that any Council Member could offer any or all of the ordinances for first reading today but any action relative to adoption would take place at the next Council meeting on June 18, 1991. Before any further action was taken on the ordinances, City Manager Ruth noted that the Chamber of Commerce was in the audience and would like to present their report relative to the proposed City budget. Mr. Chris Van Gorder, Chairman, Blue Ribbon Committee, Anaheim Chamber of Commerce. (See Blue Ribbon Committee report - 1991/92, City of Anaheim Resource Allocation Plan approved May 29, 1991 which was previously submitted - made a 348 City Hall, Anaheim, California - COUNCIL MINUTES - June 11, 1991, 2:00 P.M. part of the record.) Mr. Van Gorder read the two page report and in doing so gave additional comments and insights into the conclusion reached in the report. The report noted, 'Given the shortfall in revenues for fiscal year 1990/91 and the forecast for another deficit year in fiscal year 1991/92 the Committee made the decision to forego the normal report and instead focus on the City deficit and methods of correction.' He emphasized that of great concern to the Chamber is the specter of higher taxes and fees to businesses. 'It was ultimately decided to recommend that the City Council not raise fees and taxes to solve this problem." The City cannot continue to answer budgetary problems by hitting the private enterprise checkbook. He concluded his presentation by asking if the City cannot become more efficient at this difficult time, when can they expect it. He gave some suggestions and recommendations on what might be done. Council Member Daly then posed questions to Mr. Van Gorder noting that he (Van Gorder) mentioned that the Committee had looked at some privatization opportunities in some of the City departments. He asked if they were prepared today to give the Council some example where they thought contracting out might be beneficial. Mr. Van Gorder stated they were not prepared to do so at this time. One of the areas mentioned today was relative to inspection services. Another area that was discussed with the City Manager and staff was relative to animal control. He is certain there are a lot of examples and opportunities. Council Member Daly. He asked Mr. Van Gorder if he were empowered to speak on behalf of the Committee and the Chamber or whether or not some of the Chamber members would be interested in serving on a Task Force with City staff to look at each department and for opportunities for contracting and report back to the Council in 60 days or sooner. He feels there are some obvious places to look - the Golf Course, parts of Data Processing and Street Sweeping. He's going to ask the Council next week to formally direct staff to proceed on a department by department privatization study and to request the Chamber to assist. The goal is to have private sector people on the Committee do the study. Mr. Van Gorder stated they would be happy to do that. Mr. Hunter opened the hearing to the public and asked to hear from anyone who wished to speak on the proposed Resource Allocation Plan. 349 City Hall, Anaheim, California - COUNCIL MINUTES - June 11, 1991, 2:00 P.M. Paul Bostwick, 1411 South Anaheim Boulevard. He served on the Blue Ribbon Committee. Government decried the passage of Proposition 13 but services have been taken care of. Recently issues were on the Municipal Ballot that were rejected by Anaheim citizens because they were too expensive. For every problem there is an answer and sometimes the result is a real benefit. Pink slips need to be given and budgets cut. Cut people and provide service for the people and not the employees of the City. Dick Clark, Rockwell International. (Member of the Blue Ribbon Committee.) City staff has proposed a Utility Users Tax. When Mr. Van Gorder reported that such an increase would cost one utility user in Anaheim over $300,000 a year, he was referring to Rockwell. The City needs to tackle the problem. They have to take the hard choice and cut people but not in Police or Fire and people that support their children. They are trying to stay in business and to stay in the City of Anaheim. Increases of the nature proposed will not help them. He is asking for consideration on holding the line on taxes particularly utilities which will hit them the hardest of all. Council Member Simpson. He surmises that Mr. Clark and Mr. Bostwick are saying, leave public safety alone. If this is done they need to realize that the aggregate cuts to the remainder of the City out of discretionary funds is 23.5 per cent and not the 6 or 7 per cent that has been proposed. The rest of the City's work force will be cut by 23 per cent. Another point when it is stated the City has not cut positions, beginning last October when the City anticipated budget difficulties, a hiring and promotional freeze was instituted. The 61 full time vacancies occurred because of the hiring freeze. Had they gone ahead and hired and promoted under normal circumstances, 97 people would be out ~he door. City Manager James Ruth. Police and Fire represent 54 per cent of the total City General Fund budget. Rick Vaughn, 1764 West Brentwood Place (Member of the Blue Ribbon Committee). He does not believe the citizens are open to a tax increase. In the March Special Election, a proposed increase in property tax assessment was defeated. In May, a proposed County-wide increase in the Sales Tax was defeated. The citizens are not in the mood for a Utility Users Tax on top of what the State is considering. There is a great deal of talk about eliminating positions. The issue is not 35O City Hall, Anaheim, California - COUNCIL MINUTES - June 11, 1991, 2:00 P.M. positions but payroll. What was it last year, this year and what will it be next year. The same struggle is going on in the private sector. Payroll has to be reduced considerably before considering any type of tax increase. Joe Brian, representing the Anaheim Police Association, 508 North Anaheim Boulevard. No one wants to see increases in anything. As far as cutting positions, unless Mr. Bostwick has been there, he feels he does not know what he is talking about. He sat in on one of the meetings of the Chamber. Looking back historically, he recalls when the Chamber for a number of years chastised the Police Department relative to the number of personnel they had at the time. He feels the department is in the position they are in at present because of some of the things the Chamber did. They are hurting and cannot cut. Crime is escalating and more Police are needed. He also stated that there are more businesses in Anaheim than Santa Ana. Santa Ana collects $6,000,000 a year in Business License Tax whereas in Anaheim it is about $3,000,000. For about 20 years, Anaheim's fee for a Business License was $25.00. Relative to cutting back on 'bodies' even if it is not a human body going out the door, it is a position that would be filled but will not be filled. It is a service that is not going to be performed. Relative to privatization and the Task Force, residential groups, senior citizens and a variety of people should be involved and not just the business people of Anaheim. Donna Hinson, 2106 South June (Member of the Blue Ribbon Committee). She is a resident of Anaheim, a senior citizen. When the Business License tax was raised about two years ago she spoke and stated that she had raised four children in Anaheim but knew some of her children were going to have to leave the City if something was not done. Two have left because they could not make a go of it in Anaheim. The Council needs to think about the small people as well as the large. If they do not stand behind the small people, none of the Council is going to be reelected. Mayor Hunter. The Council has difficult decisions to make. The public hearing on the budget will be continued to the next meeting. Before the Council at this time are four ordinances. Mayor Hunter introduced all four ordinances for first reading. (1). ORDINANCE - INTRODUCTION: AN ORDINANCE ADDING CHAPTER 2.13 TO TITLE 2 OF THE ANAHEIM MUNICIPAL CODE ESTABLISHING A UTILITY USERS TAX AT 4% WITHOUT CABLE TV. 351 City Hall, Anaheim, California - COUNCIL MINUTES - June 11, 1991, 2:00 P.M. (2}. ORDINANCE - INTRODUCTION: AN ORDINANCE ADDING CHAPTER 2.13 TO TITLE 2 OF THE ANAHEIM MUNICIPAL CODE ESTABLISHING A UTILITY USERS TAX AT 4% WITH CABLE TV. (3). ORDINANCE - INTRODUCTION: AN ORDINANCE ADDING CHAPTER 2.13 TO TITLE 2 OF THE ANAHEIM MUNICIPAL CODE ESTABLISHING A UTILITY USERS TAX AT 3% WITHOUT CABLE TV. (4). ORDINANCE - INTRODUCTION: AN ORDINANCE ADDING CHAPTER 2.13 TO TITLE 2 OF THE ANAHEIM MUNICIPAL CODE ESTABLISHING A UTILITY USERS TAX AT 3% WITH CABLE TV. MOTION: Council Member Hunter moved to continue the public hearing on the 1991/92 Resource Allocation Plan to Tuesday, June 18, 1991 at 2:00 p.m. Council Member Ehrle seconded the motion. MOTION CARRIED. (4:37 p.m.) This concludes the adjourned regular meeting of June 4, 1991. LEONORA N. SOHL, CITY CLERK 352 City Hall, Anaheim, California-COUNCIL MINUTES - June 11, 1991, 5:00 P.M. PRESENT: ABSENT: PRESENT: The City Council of the City of Anaheim met in regular session. COUNCIL MEMBERS: Simpson, Daiy, Pickler, Ehrle, Hunter. COUNCIL MEMBERS: None CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl PLANNING DIRECTOR: Joel Fick A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:55 p.m. on June 7, 1991 at the Civic Center kiosk, containing all items as shown herein. Mayor Hunter called the meeting to order at 4:00 p.m. REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session to consider the following items: a. To confer with its attorney regarding pending litigation pursuant to Government Code Section 54956.9(a), to wit: Golden West Baseball Co. vs. City of Anaheim, Orange County Superior Court Case No. 40-92-46; Anaheim Stadium Associates vs. City of Anaheim, et al., Orange County Superior Court Case No. 44-81-74. b. To meet with and give directions to its authorized representative regarding labor relations matters - Government Code Section 54957.6. c. To consider and take possible action upon personnel matters pursuant to Government Code Section 54957. d. To confer with its attorney regarding potential litigation pursuant to Government Code Section 54956.9(b)(1). e. To consider and take possible action upon such other matters as are orally announced by the City Attorney, City Manager or'City Council prior to such recess unless the motion to recess indicates any of the matters will not be considered in closed session. By general consent, the Council recessed into Closed Session. (4:41 p.m.) 342 City Hall, Anaheim, California-COUNCIL MINUTES-June 11, 1991, 5:00 P.M. AFTER RECESS: The Mayor called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. (5:35 p.m.s) INVOCATION: Reverend Donald Dexter, First Presbyterian Church, gave the invocation. FLAG SALUTE: Council Member Bob Simpson led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATIONS: The following proclamations were issued by Mayor Hunter and authorized by the City Council: Amateur Radio Week in Anaheim, June 17-23, 1991 Hire a Youth Week in Anaheim, June 16-22, 1991 Mr. Frank Jacobson, Vice Chairman, Private Industry Council accepted the Hire a Youth Week Proclamation. He was accompanied by a group of participants in the program as well as Marge Pritchard, JTPA Manager. Mr. Jacobson thanked the Council for their show of support for the Hire a Youth Program which is one of the main objectives of the Private Industry Council. MINUTES: Council Member Simpson moved to approve the minutes of the regular meeting of May 21, 1991. Council Member Pickler seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,103,108.59 for the week ending June 7, 1991, in accordance with the 1990/91 budget, were approved. RECESS: Mayor Hunter recessed the City Council meeting until after the Redevelopment Agency and Housing Authority meetings (5:45 p.m.). AFTER RECESS: Mayor Hunter reconvened the City Council meeting (5:47 p.m.). WAIVER OF READING - RESOLUTIONS: were read by the City Manager. both inclusive.) The titles of the following resolutions (Resolution Nos. 91R-167 through ~1R-173, Council Member Pickler moved to waive the reading in full of the resolutions. Council Member Hunter seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member Pickler, seconded by Council Member Hunter, the following items were approved in accordance with the reports, certifications and 343 City Hall, Anaheim, California-COUNCIL MINUTES-June 11, 1991, 5:00 P.M. recommendations furnished each Council Member and as listed on the Consent Calendar; Council Member Pickler offered Resolution Nos. 91R-167 through 91R-173, both inclusive, for adoption. Refer to Resolution Book. Al. 118: The following claims were filed against the City and action taken as recommended: Claims rejected and referred to Risk Management: a. Claim submitted by RELM Communications, Inc. for property damage sustained purportedly due to actions of the City on or about March 28, 1991. b. Claim submitted by Anis Y. Ibrahim for property damage sustained purportedly due to actions of the City on or about March 17, 1991. c. Claim submitted by Obdulia Gonzalez for bodily injury sustained purportedly due to actions of the City on or about February 11, 1991. d. Claim submitted by Maribel Moreno Gonzalez for bodily injury sustained purportedly due to actions of the City on or about February 11, 1991. e. Claim submitted by Jesus Gonzalez for property damage sustained purportedly due to actions of the City on or about February 11, 1991. f. Claim submitted on behalf of Nancy Flores by her Guardian, Salvador Flores, for bodily injury sustained purportedly due to actions of the City on or about February 11, 1991. g. Claim submitted by Mary E. Garcia for bodily injury sustained purportedly due to actions of the City on or about February 7, 1991. h. Claim submitted by Thomas V. Crutchfield for bodily injury sustained purportedly due to actions of the City on or about September 28, 1990. i. Claim submitted by Lucille Cochran for bodily injury sustained purportedly due to actions of the City on or about March l, 1991. j. Claim submitted by TM Claims Service, Inc. for property damage sustained purportedly due to actions of the City on or about January 18, 1991. k. Claim submitted by National Association of Music Merchants for property damage sustained purportedly due to actions of the City on or about January 18, 1991. 344 City Hall, Anaheim, California-COUNCIL MINUTES-June 11, 1991, 5:00 P.M. 1. Claim submitted on behalf of Santiago Antonio Gutierrez, a minor, by his Guardian, Santiago Gutierrez Rubalcava, for bodily injury sustained purportedly due to actions of the City on or about February 20, 1991. m. Claim submitted by Brigida R. Perez for bodily injury sustained purportedly due to actions of the City on or about February 28, 1991. n. Claim submitted by Heath Hagens for bodily injury sustained purportedly due to actions of the City on or about April 20, 1991. o. Claim submitted on behalf of Analee Arteaga, A minor, by her Guardian, Luis Arteaga Reynosa, for bodily injury sustained purportedly due to actions of the City on or about March 31, 1991. A2. 107: Receiving and filing the Statistical Report Summary ending April 30, 1991, from the Building Division. 173: Receiving and filing correspondence regarding an application recently filed with the California Public Utilities Commission (CPUC) by Southern California Edison, requesting an increase in rates to cover its forecast fuel and purchase power expenses for service beginning January 1, 1992. Edison is also requesting that CPUC find its operations reasonable for the period from April 1, 1990 through March 31, 1991. A3. 175: Awarding the contract to the lowest and best responsible bidder, Gillespie Construction, Inc., in the amount of $576,555.35 for Well No. 47 Site Improvements; and in the event said low bidder fails to comply with the terms of the award, awarding the contract to the second low bidder, as well as waiving any irregularities in the bids of both the low and second low bidders. A4. 175: Awarding the contract to the lowest and best responsible bidder, H. Martin and Sons, Inc., in the amount of $474,724 for Emergency Power for Wells 40 and 41; and in the event said low bidder fails to comply with the terms of the award, awarding the contract to the second 1OW bidder, as well as waiving any irregularities in the bids of both the low and second low bidders. This item was withdrawn by staff to be rescheduled at a later date. A5. 175: Awarding the contract to the lowest and best responsible bidder, Atlas Allied, Inc., in the amount of $198,824 for Meter Vault Rehabilitation - Replacement City-Wide (1991/92); and in the event said low bidder fails to comply with the terms of the award, awarding the contract to the second low bidder, as well as waiving any irregularities in the bids of both the low and second low bidders. 345 City Hall, Anaheim, California-COUNCIL MINUTES-June 11, 1991, 5:00 P.M. A6. 167: Approving Contract Change Order No. 2 - Pedestrian/Traffic Signal Installation on Knott Street, (north of Danbrook Avenue on Sunkist Street, so~th of Sycamore Street and at Santa Ana Canyon Road and Mohler Drive) in the amount of $5,684.16 in favor of Paul Gardner Corporation. A7. 109: RESOLUTION NO. 91R-167: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE APPLICATION FOR BICYCLE AND/OR PEDESTRIAN FUNDS UNDER SB-821 AND APPROVING THE ADOPTION OF THE CITY OF ANAHEIM BICYCLE AND/OR PEDESTRIAN PLAN. A8. 176: RESOLUTION NO. 914-168: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS. (South of Sanderson Avenue, east of the Orange Freeway (Route 57) (Abandonment No. 91-7A)). A9. 123: Approving a Third Addendum to Architects Agreement with Hellmuth, Obata and Kassabaum, Inc., (HOK), in the amount of $7,040 and a Fourth Addendum to Architects Agreement with Hellmuth, Obata and Kassabaum, Inc., (HOK) in the amount of $8,470 for engineering design services in connection with the Anaheim Arena. (Council Member Pickler voted No.) Al0. 101: RESOLUTION NO. 91R-169: A RESOLUTION AUTHORIZING ALTERNATE SIGNATORIES FOR THE EXECUTION OF REQUISITIONS RELATING TO THE CITY'S 1990 ARENA PROJECT. (Council Member Pickler voted No.) Ail. 150: Approving the name of Citrus Park for the parksite in the Heritage Place Residential Development in central Anaheim. Al2. 123: Approving an Agreement with Orange County Symphony to present a concert on June 22, 1991, at the Pearson Park Amphitheater; and approving the serving of champagne at the Pearson Park Amphitheater, per City Code, during a pre-concert reception hosted by the Anaheim Arts Council. Al3. 123: Approving an Agreement with Magnolia Elementary School District to provide Park Ranger patrols of school facilities from July 5, 1991 through June 28, 1992. Al4. 179: Approving a 90-day status update report reviewing the various studies in progress by the Planning Department relating to the Commercial Recreation Area. Council Member Simpson. On this item, Council may want to defer any action until the June 25th meeting. City Manager Ruth. Staff would be prepared to address the item next week or defer it to July 10th when the Planning Director will have returned from his vacation. 346 City Hall, Anaheim, California-COUNCIL MINUTES-June 11, 1991, 5:00 P.M. City Attorney White explained that the action required to be taken today is to approve the report. It does not mean that the Council cannot later receive information about the contents of the report and ask questions which he understands will be happening. It is actually approving the report not just receiving it. Mayor Hunter recommended that the item be removed from the agenda at this time and rescheduled when the report is discussed, tentatively on July 10, 1991. Al5. 107: ORDINANCE NO. 5235 - (INTRODUCTION}: AMENDING SECTION 1.01.391 OF THE.ANAHEIM MUNICIPAL CODE RELATING TO CODE ENFORCEMENT. (Enforcement of fire lane and fire hydrant obstruction violations.) Al6. 158: RESOLUTION NO. 91R-170: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTIES OR INTERESTS THEREIN. Al7. 177: Approving the submission of an Application for Federal Assistance to participate in the Rental Rehabilitation Grant Program, Round VIII, and authorizing the Mayor to sign the necessary cover documents and certifications. Al8. 153: RESOLUTION NO. 91R-171: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE HOSPITAL AND SERVICE EMPLOYEES UNION, LOCAL 399 AND THE CITY OF ANAHEIM. (Defined contribution retirement plan.) Al9. 153: RESOLUTION NO. 91R-172: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE GENERAL TRUCK DRIVERS UNION, LOCAL 952 AND THE CITY' OF ANAHEIM. (Defined contribution retirement plan.) A20. 153: RESOLUTION NO. 91R-173: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING A RETIREMENT PLAN FOR PART TIME, TEMPORARY, AND SEASONAL EMPLOYEES. A21. 123: Approving a Scheduling Agreement with Ogden Facility Management Corporation, and authorizing the Mayor and City Clerk to execute said agreement on behalf of the City. A22. 123: Approving an agreement for gas service with Southern California Gas Company for the City's Combustion Turbine Peaking Plant, for the period from August 1, 1991 through July 31, 1993, and authorizing the Public Utilities General Manager to execute these documents. Roll Call Vote on Resolution Nos. 91R-167, 91R-168, 91R-170 through 91R-173, both inclusive. 347 City Hall, Anaheim, California-COUNCIL MINUTES-June 11, 1991, 5:00 P.M. AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter' None None The Mayor declared Resolution Nos. 91R-167, 91R-168, 91R-170 through 91R-173, both inclusive, duly passed and adopted. Roll Call Vote on Resolution No. 91R-169. AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Daly, Ehrle and Hunter. Pickler None The Mayor declared Resolution No. 91R-169 duly passed and adopted. 175: RESCINDING THE DROUGHT SURCHARGE: Council Member Pickler. There is a new item he wishes to bring forward at this time relative to the City's present drought surcharge rate. There is a recommendation by the Public Utilities General Manager in report dated June 10, 1991 recommending that the City Council rescind and replace the current surcharge with an equal flat commodity rate which was recommended by the Public Utilities Board (PUB) at their meeting of June 6, 1991. The Board recommended, "...an interim equal flat commodity rate effective July 1, 1991, and development of prior base year pricing approach for implementation about September 1, 1991..." in response to the citizens who spoke at the Public Utility Board's Water Conservation Rate Subcommittee Hearing on June 3, 1991. He indicated he wishes to implement that recommendation. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (91R-174) Council Member Pickler moved to waive the reading in full of the resolution. Council Member Hunter seconded the motion. MOTION CARRIED. Council Member Pickler offered Resolution No. 91R-174 for adoption. Refer to Resolution Book. RESOLUTION NO. 91R-174: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REVISING RATES. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Pickler, Ehrle and Hunter Daly None The Mayor declared Resolution No. 91R-174 duly passed and adopted. Council Member Daly. He voted no because he is not prepared to support a $1.2 million water conservation program. He does not feel there is 348 City Hall, Anaheim, California-COUNCIL MINUTES-June 11, 1991, 5:00 P.M. adequate rationale to do so. Secondly, the response from Public Utilities is not what the Council asked for two months ago. He understands that what the Council did ask for is in the works and will be submitted to the Council in September. A23. 105: Anaheim Private Industry Council Appointment. Accepting the recommendation from the Anaheim Chamber of Commerce and filling the vacancy left by Denise Preston-Hunter. She had been appointed to fill the vacancy left by Floyd Farano. Council Member Pickler nominated Bill Ross of the Disneyland Corporation to fill the three year term; Council Member Daly seconded the nomination. There were no further nominations. Mr. Bill Ross was thereupon unanimously appointed to the Private Industry Council for a three year term (June 11, 1991 to June 11, 1994). ITEMS B1 - B9 FROM THE PLANNING COMMISSION MEETING OF MAY 20, 1991 - INFORMATION ONLY - APPEAL PERIOD ENDS JUNE 11, 1991: B1. 179: VARIANCE NO. 4118, TENTATIVE PARCEL MAP NO. 91-140 AND NEGATIVE DECLARATION, SPECIMEN TREE REMOVAL PERMIT NO. 91-06: OWNER: DAVID S. KIM, 512 West 17th Street, Suite #1, Santa Ana, CA 92701 LOCATION: 391 Peralta Hills Drive. Property is approximately 2.8 acres located at the southeast corner of Santa Ana Canyon Road and Peralta Hills Drive. Waivers of minimum lot width to establish a 2-lot, RS-HS-43,000(SC) subdivision. To establish a 2-lot RS-HS-43,000 subdivision. To remove six (6) specimen trees. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 4118 WITHDRAWN. Specimen Tree Removal Permit No. 91-06 WITHDRAWN. Tentative Parcel Map No. 91-140 APPROVED (6 yes votes, 1 absent). No action taken by City Council on TPM 91-140 at the meeting of May 20, 1991 (Item B18). Approved Negative Declaration. B2. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3382 AND NEGATIVE DECLARATION: OWNER: HARVEY OWEN, P. O. Box 1034, Tustin, CA 92680 LOCATION: 1152 North Kraemer Boulevard. Property is approximately 0.17 acre located on the east side of Kraemer Boulevard approximately 580 feet south of the centerline of Coronado Street. To permit an industrially-related office building with waiver of minimum structural setback. 349 City Hall, Anaheim, California-COUNCIL MINUTES-June 11, 1991, 5:00 P.M. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 3382 DENIED (PC91-64) (6 yes votes, 1 absent). Waiver of code requirement DENIED. Approved Negative Declaration. B3. 179: CLASS 11: CONDITIONAL USE PERMIT NO. 3411, CATEGORICALLY EXEMPT, OWNER: JOSEPH MESSINA, 1319 North Cozy Terrace, Anaheim, CA 92801. LOCATION: 1319 North Cozy Terrace. Property is approximately 0.25 acre located approximately 52 feet at the northwest terminus of Cozy Terrace and approximately 245 feet north of the centerline of Briarvale Avenue. To retain an existing 630 square-foot "granny' unit. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 3411 APPROVED (PC91-65) no further extensions (6 yes votes, 1 absent). B4. 179: CONDITIONAL USE PERMIT NO. 3412 AND NEGATIVE DECLARATION, REQUEST TO INITIATE RECLASSIFICATION PROCEEDINGS: OWNER: WILLIAM TAORMINA, P. O. Box 309, Anaheim, CA 92806. AGENT: FOL$OM CONSULTANTS, 2031 East Cerritos Avenue, #7-E, Anaheim, CA 92806. LOCATION: 300 North Anaheim Boulevard. Property is approximately 0.15 acre located at the northeast corner of Anaheim Boulevard and Cypress Street. To permit a service station in conjunction with a permitted office use. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 3412 GRANTED (PC91-66) (5 yes votes, 1 absent, and 1 abstained.) Request to initiate reclassification proceedings APPROVED. Approved Negative Declaration. B5. 179: CONDITIONAL USE PERMIT NO. 3413 AND NEGATIVE DECLARATION: OWNER: NORBERT A. WATERS AND RUTH M. WATERS, 2501 East Ball Road, Anaheim, CA 92806. LOCATION: 2521 East Ball Road. Property is approximately 1.89 acres located at the northeast corner of Ball Road and Sunkist Street. To permit the expansion of restaurant with on-sale beer and wine. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 3413 GRANTED (PC91-67) (6 yes votes, 1 absent). Approved Negative Declaration. 350 City Hall, Anaheim, California-COUNCIL MINUTES-June 11, 1991, 5:00 P.M. Council Member Daly. He wants the matter set for a public hearing because he does not know how they can get the owner's attention on this commercial strip except by putting conditions on the Conditional Use Permit. Previously the owner requested another CUP and at that time, the Council attached conditions to it. The owner never went forward with the expansion at that time. He is now requesting a small expansion. The rationale for setting the matter is to have the owner clean up the property. Council Member Pickler. He seconded the request for a public hearing. concurs with Council Member Daly. The Council's message at the prior hearing on the property was that they wanted the property cleaned up. This is an opportunity to bring the owner back. He At the request of Council Members Daly and Pickler, a public hearing will be scheduled at a later date. B6. 179: VARIANCE NO. 4127~ CATEGORICALLY EXEMPT, CLASS 11: OWNER: RILEY H. LACY, 12152 D. Royal Birkdale Row, San Diego, CA 92128 AGENT: DAVID Y. WU, 1018 East Orangethorpe Avenue, Anaheim, CA 92801. LOCATION: 1018 East Orangethorpe Avenue. Property is approximately 1.21 acres located on the south side of Orangethorpe Avenue approximately 400 feet west of the centerline of Raymond Avenue. Waiver of permitted signs and maximum sign area to attach an illuminated marquee (changeable copy) section to an existing freestanding sign. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 4127 GRANTED (PC91-68) (6 yes votes, 1 absent). B7. 179: VARIANCE NO. 4129 AND NEGATIVE DECLARATION: OWNER: GRACE RESTAURANT COMPANY, 2701 Alton Avenue, Irvine, CA 92714. AGENT: OLIMOTO/SIU ARCHITECTS AND ASSOCIATES, 145 West First Street, Suite B, Tustin, CA 92680. LOCATION: 1751 South State College Boulevard. Property is approximately 2.05 acres located on the west side of State College Boulevard approximately 250 feet north of the centerline of Katella Avenue. Waiver of required dedication of right-of-way to construct a 1,000 square-foot outdoor dining area with on-sale of alcoholic beverages. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 4129 APPROVED (PC91-69) (6 yes votes, 1 absent). Approved Negative Declaration. 351 City Hall, Anaheim, California-COUNCIL MINUTES-June 11, 1991, 5:00 P.M. B8. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3300t TENTATIVE TRACT MAP NO. 14514 AND NEGATIVE DECLARATION: OWNER: AHMAD TILANCHI, 2030 East 4th Street, #107, Santa Ana, CA 92705 LOCATION: 719-29 North East Street. Property is approximately 0.74 acre located on the west side of East Street approximately 210 feet north of the centerline of Wilhelmina Street. To permit a 10-unit RM-2400 condominium building (Revision No. 1) with waivers of minimum landscaped setback and maximum lot coverage. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 3300 GRANTED (PC91-70) (6 yes votes, 1 absent). Waiver of code requirement APPROVED. Tentative Tract No. 14514 APPROVED. No action taken by City Council at the meeting of May 21, 1991, Item B19. Approved Negative Declaration. B9. 134; GENERAL PLAN AMENDMENT NO. 321 AND NEGATIVE DECLARATION: OWNER: CITY OF ANAHEIM, 200 South Anaheim Boulevard, Anaheim, CA 92805. LOCATION: Subject park designation is located within the Commercial Recreation area located in proximity to the northwest corner of Freedman Way and Clementine Street. A City-initiated amendment to the City of Anaheim General Plan to delete a neighborhood park site designation in the Commercial Recreation area from the General Plan Land Use Map. ACTION TAKEN BY THE PLANNING COMMISSION: General Plan Amendment No. 321 GRANTED (PC91-71) (6 yes votes), 1 absent). Approved Negative Declaration. This item was set for a public hearing on July 9, 1991 necessitated by the General Plan Amendment. ITEMS B 10 - B12 FROM THE PLANNING COMMISSION MEETING OF JUNE 3, 1991, INFORMATION ONLY - APPEAL PERIOD ENDS JUNE 13, 1991. B10. 170: TENTATIVE TRACT MAP NO. 14512, VARIANCE NO. 4130 AND NEGATIVE DECLARATION: OWNER: CONESTOGA PARTNERS, 1240 South Walnut Street, Anaheim CA. AGENT: PHIL SCHWARTZE, 27132-B Paseo Espada, Suite 1222, San Juan Capistrano, CA 92675. LOCATION: 1240 South Walnut Street. Property is approximately 6.4 acres located on the south side of Ball Road and the east side of Walnut Street. 352 City Hall, Anaheim, California-COUNCIL MINUTES-June 11, 1991, 5:00 P.M. Waivers of required lot frontage and required structural setback to permit a 5-lot condominium subdivision. ACTION TAKEN BY THE PLANNING COMMISSION: Tentative Tract Map No. 14512 APPROVED (7 yes votes). Approved Negative Declaration. NOTE: Variance No. 4130 has a 22-day appeal period and will appear at the meeting of June 25, 1991. Bll. 170: TENTATIVE PARCEL MAP NO. 91-118, RECLASSIFICATION NO. 90-91-27, CONDITIONAL USE PERMIT NO. 3418 AND NEGATIVE DECLARATION: OWNER: BUGANKO, A CALIFORNIA GENERAL PARTNERSHIP, 3855 East La Palma Avenue, Suite 101, Anaheim, CA 92807 AGENT: CHARISMA GROUP, A CALIFORNIA CORPORATION, 3855 East La Palma Avenue, Suite 101, Anaheim, CA 92807 LOCATION: Property is approximately 0.142 acre located on the west side of Bubach Street and approximately 730 feet north of the centerline of Orangethorpe Avenue. To reclassify 2,250 square foot portion of subject property from RS-A-43,00(0) (Residential, Agricultural (Oil, Production Overlay)) zone to the RS-5,000(0) (Residential, Single-Family (Oil Production Overlay)) or a less intense zone to correspond with the RS-5000(0) zoning for the remainder of the subject parcel. To permit a dwelling in a designated Floodplain Overlay Zone. To establish a l-lot subdivision. ACTION TAKEN BY THE PLANNING COMMISSION: Tentative Parcel Map No. 91-118 APPROVED (6 yes votes, absent). Approved Negative Declaration. NOTE: Reclassification No. 90-91-27 and Conditional Use Permit No. 3418 have a 22-day appeal period and will appear at the meeting of June 25, 1991. B12. 170: TENTATIVE TRACT MAP NOS. 13511, 13513r 13515, 13516r 13517t 13518, 13533, 13534, 13540, 13541 AND 13987 - EXTENSION OF TIME: REQUESTOR: THE BALDWIN COMPANY LOCATION: Property is located at The Summit of Anaheim Hills Specific Plan (SP88-2) Development Area Nos. 101 and 105. An extension of time for Vesting Tentative Tract Map Nos. 13511, 13513, 13515, 13516, 13517, 13518, 13533, 13534, 13540, 13541 and 13987. ACTION TAKEN BY THE PLANNING COMMISSION: APPROVED Extension of Time (6 yes votes, 1 absent). End of the Planning Commission Items. 353 City Hall, Anaheim, California-COUNCIL MINUTES-June 11, 1991, 5:00 P.M. B13 THROUGH B16. 179: ORDINANCE NOS. 5231-5234 - ADOPTION: WAIVER OF READING - ORDINANCES: The titles of the following ordinances were read by the City Clerk. (Ordinance Nos. 5231 through 5234, both inclusive). Council Member Hunter moved to waive the reading in full of the ordinances. Council Member Ehrle seconded the motion. MOTION CARRIED. Council Member Hunter offered Ordinance Nos. 5231 through 5234, both inclusive, for adoption. Refer to Ordinance Book. ORDINANCE NO. 5231: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Reclassification No. 89-90-51, 425 North Magnolia Drive, from the RM-1200 zone to the RM-3000 zone.) ORDINANCE NO. 5232: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Reclassification No. 69-70-58(6), northeast corner of La Palma Avenue and Blue Gum Street, from the RS-A-43,000 zone to the ML zone.) ORDINANCE NO. 5233: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE. ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL. CODE RELATING TO ZONING. (Reclassification No. 89-90-46, northwest corner of Monte Vista Road and Weir Canyon Road, from CO(SC) zone to the CL(SC) zone.) ORDINANCE NO. 5234: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 18.05.080 OF CHAPTER 18.05 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO LIMITING SIGNAGE FOR PROPERTIES IN MULTIPLE-FAMILY ZONES. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter. None None The Mayor declared Ordinance Nos. 5231 through 5234, both inclusive, duly passed and adopted. B17. 179: REQUEST FOR EXTENSION OF TIME - CONDITIONAL USE PERMIT NO. 3241: REQUESTED BY: FRANK ELFEND, ELFEND ASSOCIATES, INC., 4675 MacArthur Court, Suite 660, Newport Beach, CA 92660. The property is located at 201 West Katella. The petitioner is requesting an extension of time to expire June 19, 1992 to comply with conditions of approval. Conditional Use Permit No. 3241 is to permit a 12-story, 384 unit hotel. 354 City Hall, Anaheim, California-COUNCIL MINUTES-June 11, 1991, 5:00 P.M. Submitted was report dated June 3, 1991 from the Planning Director, Joel Fickrecommending the requested time extension subject to two conditions (A and B) being satisfied within a period of 90 days from the date the Council approves the time extension. City Clerk Sohl announced that staff is no longer recommending Condition (A) which reads: Irrevocably offer to dedicate to the City of Anaheim additional right-of-way along Katella Avenue westerly of Haster Street (Condition No. 30). Joel Fick, Planning Director. Planning has modified its recommendation. The time extension for one year is still being recommended as requested. Relative to the two conditions, (A) and (B), the applicant has a problem making dedication on Katella (condition (A)) and checking with staff from the Utilities Department, the City does not have any projects planned for the coming year in that vicinity; therefore, condition (A) has been eliminated. He then explained for council Member Daly that the City does not need the right-of-way directly in front of the property until the property is developed. The Conditional Use Permit requires dedication prior to the issuance of the building permit. Mr. Frank Elfend, Elfend and Associates. They had discussed the matter with Mr. Fick earlier this afternoon and are acceptable to inclusion of Item (B). It is important for the record that approximately one year ago the Council approved the project and two other projects were considered at that time for all-suites hotel projects in the vicinity of Katella, Clementine and Haster. At about the same time, staff and the City were reviewing, revising and updating the Zoning Code and preparing other studies to improve the aesthetics Of the area and encourage quality development. With that objective and since all three of the hotels have located within approximately the same vicinity of each other, they sat down with staff to suggest a mechanism to encourage a consolidation of contiguous parcels in the form of a master plan. After considerable analysis and discussion, the master plan process was included in the Zoning Code and the wording coordinated with the City Attorney's office. With that provision, their client acquired contiguous parcels to facilitate development of the area with a quality master plan. Concurrently, they informed staff through correspondence and the public record that this effort would necessitate time extensions for the approved hotels. It was something that was anticipated at the time. The time extension request is a logical progression of the manner in 355 City Hall, Anaheim, California-COUNCIL MINUTES-June 11, 1991, 5:00 P.M. which they have attempted to work to organize a better land plan for the property overall. Also this project was exempted from the City's moratorium from the Zoning Code Update Design Guidelines and City's Specific Plan. MOTION: Council Member Hunter moved to approve the requested extension of time on Conditional Use Permit No. 3241 to expire June 19, 1992 and eliminating Condition (A) as outlined in the staff report of June 3, 1991. Council Member Ehrle seconded the motion. MOTION CARRIED. Cl. 107: APPLICATION FOR A POOL ROOM PERMIT - KEN'S FAMILY BILLIARDS: The application was requested by Kenneth L. Dinsmore, 16892 Green Street, #1, Huntington Beach, California 92649. The location is 1895 West Katella Avenue on the north side of Katella, east of Nutwood Street. The petitioner has submitted an application to operate 15 pool tables at Ken's Family Billiards. Submitted was report dated May 29, 1991 from the Planning Department/Code Enforcement Division recommending that the Council deny the subject application. MOTION: Council Member Pickler moved to deny the subject application. Before other action was taken, City Attorney White stated that although this is not technically a hearing, he would recommend that the Council give an opportunity to the applicant to address the Council or to anyone who is opposed. John Poole, Code Enforcement Manager, answering the Mayor reported that staff is recommending denial because in this area they have had 204 police contacts in the past year. The whole area has deteriorated and staff believes if a pool hall permit is issued, it would bring about further deterioration. They also surveyed the neighborhood and businesses. He then briefed the results of the survey listed on page 3 of the report. In concluding, he reiterated staff's opinion that the issuance of the permit would cause further deterioration. Mayor Hunter. There is a strong recommendation to deny the application. He asked the applicant kf he had an opportunity to look at the staff report which listed the 204 contacts/incidents that have occurred in the area. Mr. Kenneth Dinsmore. He is the applicant. What they are planning is a family oriented establishment. He knew there was some objection to beer so he withdrew that request. They are not going to create a hangout. He understands there has 356 City Hall, Anaheim, California-COUNCIL MINUTES-June 11, 1991, 5:00 P.M. been a problem in the area. The building has been vacant for 11 months. Once the business is open, he will try to alleviate any loitering during the peak hours and if necessary would hire a security guard to ensure that there was no loitering. He does not want any hanging around inside or outside. Some neighbors have indicated there are three pool halls in one mile. Those are beer bars that have coin operated pool tables. This is not what he is suggesting. Concern over increased traffic problems has been voiced. The building is located at Katella and Nutwood. At the most, 70 cars per day will be using the parking lot which is one fifth of one percent of the total traffic flow on both Katella and Nutwood of 39,700 cars per day. He proposes to use three of the sites that are available. Any business that goes in will create a bigger traffic flow. The fact that he will be on-site and does not want any loitering will eliminate any problem. There is the problem with kids partying in an empty parking lot at present. He has talked with one of the neighbors who voiced the opinion that a security guard would alleviate the problem they are experiencing now. Mayor Hunter. He relayed his experiences in that area 25 years ago when he was a policeman expressing that it was pretty tough even then. The proposed pool hall might be a nice business but proposed in the wrong area. There is a strong recommendation for denial considering the 204 contacts with the Police. The Council is trying to clean up areas like this. He reiterated the pool hall itself is not wrong but the location is. It will not work. The report is one of the worst he has seen since he has been on the Council. Council Member Daly. It is cases like this that illustrate why the Council has asked the Planning Department to make a recommendation on each and every proposal. It would be bad planning to approve the application. He wanted to know if anyone was present in favor of the application; there was no response. Mr. Dinsmore then asked who was opposed; by a show of hands, there were approximately 30 people in the Chamber audience opposed. MOTION: Mayor Hunter moved to deny the application for a pool room permit for Ken's Family Billiards at 1895 West Katella Avenue by reason of the location where the pool room is sought to be located that the conducting or carrying on of the pool room would be detrimental to the public order due to the citizen complaints and Police contacts in the area as set forth in the May 29, 1991 staff report. Council Member Pickler seconded the motion. MOTION CARRIED. 357 City Hall, Anaheim, California-COUNCIL MINUTES-June 11, 1991, 5:00 P.M. ITEMS OF PUBLIC INTEREST: No items of public interest were addressed. Chairman Hunter reconvened the Redevelopment Agency meeting (6:15 p.m.) D1. JOINT PUBLIC HEARING - REDEVELOPMENT AGENCY/CITY COUNCIL - LINCOLN ANAHEIM VILLAGE LIMITED PARTNERSHIP: To consider the quitclaim of certain real property by the Anaheim Redevelopment Agency to Lincoln Anaheim Village Limited Partnership. LOCATION: PARCEL A - PROJECT ALPHA REDEVELOPMENT PROJECT: North of realigned Center Street, between Olive Street and Philadelphia Street, and is approximately 8 feet wide and 267 feet long. LOCATION: PARCEL B - PROJECT ALPHA REDEVELOPMENT PROJECT: The western half of abandoned Philadelphia Street and is located between Center Street and the alley to the north, and is 17 feet wide and 161 feet long. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin May 30, 1991. Submitted was report dated May 28, 1991 from the Community Development Department recommending adoption of a resolution approving quitclaim deeds from the Anaheim Redevelopment Agency to Lincoln Anaheim Village Limited Partnership and authorizing the Executive Director to execute the quitclaim deeds. Mayor/Chairman Hunter opened the public hearing and asked to hear from anyone who wished to speak either in favor or in opposition; there being no response he closed the public hearing. Agency Member Daly offered Resolution No. ARA91-10 for adoption approving the quitclaim deeds from the Anaheim Redevelopment Agency to Lincoln Anaheim Village Limited Partnership. Refer to Resolution Book. RESOLUTION NO. ARA91-10: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY APPROVING QUITCLAIM DEEDS FROM THE ANAHEIM REDEVELOPMENT AGENCY TO LINCOLN ANAHEIM VILLAGE LIMITED PARTNERSHIP. Roll Call Vote: AYES: NOES: ABSENT; AGENCY MEMBERS: AGENCY MEMBERS: AGENCY MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter None None The Chairman declared Resolution No. ARA91-10 duly passed and adopted. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (91R-175) Council Member Daly moved to waive the reading in full of the resolution. Council Member Simpson seconded the motion. MOTION CARRIED. 358 City Hall, Anaheim, California-COUNCIL MINUTES-June 11, 1991, 5:00 P.M. Council Member Daly offered Resolution No. 91R-175 for adoption consenting to the approval of Quitclaim Deeds from the Anaheim Redevelopment Agency to Lincoln Anaheim Village Limited Partnership. Refer to Resolution Book. RESOLUTION NO. 91R-175: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CONSENTING TO THE APPROVAL OF QUITCLAIM DEEDS FROM THE ANAHEIM REDEVELOPMENT AGENCY TO LINCOLN ANAHEIM VILLAGE LIMITED PARTNERSHIP. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter. None None The Mayor declared Resolution No. 91R-175 duly passed and adopted. ADJOURNMENT - ANAHEIM REDEVELOPMENT AGENCY: Agency Member Daly moved to adjourn. Agency Member Ehrle seconded the motion. MOTION CARRIED. (6:16 P.M.) ADJOURNMENT: Council Member Hunter moved adjourn to Tuesday, June 18, 1991 at 2:00 p.m. for a public hearing and departmental presentations on the 1991/92 Resource Allocation Plan. Council Member Daly seconded the motion. MOTION CARRIED. (6:17 p.m.) LEONORA N. SOHL, CITY CLERK 359